Page 41 - Nexia SAB&T Trust Guide 2022

Capital gains tax and trusts
With the introduction of capital gains tax, the effectiveness of the use of inter vivos
ordinary trusts in estate planning has been slightly negated.
Capital gains tax is payable by any trust in South Africa on any gains made as a
result of a disposal of assets after 1 October 2001.

Estate duties
■ If properly planned, managed and controlled, a trust can act as a significant
shelter against future estate duties.
■ The founder may transfer assets with growth potential into a trust, preferably
a discretionary trust, with his children and grandchildren as beneficiaries.
■ Assets can also be bequeathed to an inter-vivos or testamentary trust.
■ The growth in the assets from the date of transfer to date of his death
accrues to the trust, and at most, only the value of the asset at the date of
the transfer (usually in the form of a loan account) is retained in his estate.
■ The loan account is usually gradually reduced during the founder’s lifetime by
loan repayments, further reducing estate duty liability.
■ Any growth in the asset(s) will take place in the trust and not in the founder’s
hands. The increase in value will not be included in the founder’s estate and
the value of his estate (and therefore estate duty) is reduced accordingly.
These benefits are only applicable to a discretionary inter vivos trust and not vested
or bewind trusts.
In addition, the provisions of Section 3(3)(d) of the Estate Duty Act and Section
7C of the Income Tax Act should be borne in mind by the estate planner.

Methods of transferring assets into a trust
Assets can be transferred into a trust by sale (via a loan granted to the trust), a
donation or on death in terms of a Last Will and Testament.
By donation: The founder will pay donations tax on the value of the assets donated
to the trust. The first R100,000 per annum per natural person is exempt from
donations tax.

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